IP Guide |
This page highlights variation
in the duration of copyright across different jurisdictions.
It is primarily concerned with original works; protection
for published editions is often shorter.
Reciprocity means that in some countries a 'law of the shorter
term' places imported books and other works in the public
domain at the same time as they expire in their 'home' country,
if that is a shorter time period. Other variations affect
the treatment of works created by multiple authors, works
authored by organizations rather than individuals, works
not published until after the author's death and imported
publications.
None
A very small number of third world nations such as Papua
New Guinea, the Central African Republic and Afghanistan
are not signatories to the international copyright conventions
and trade agreements, haven't enacted/implemented national
laws, and haven't entered into bilateral agreements with
copyright giants such as the US.
Those countries often provide no copyright protection or
for a flat period of five to twelve years. Some restrict
protection to local publications/authors or officially registered
works.
Life plus 25
The Universal Copyright Convention (UCC)- now primarily
of historical interest after the US became a signatory to
the Berne Convention - specified that copyright should
run for the life of the author plus (at least) 25 years.
Most UCC signatories now have longer terms because they
have subsequently signed the Berne Convention or become
members of the World Trade Organization, which requires
adoption of Berne's longer duration as part of the international
TRIPS agreement.
Life plus 30
Copyright in
Iran lasts for the lifetime of the
author plus 30 years.
Life plus 50
The Berne Convention, described in the international
framework page of the Intellectual
Property guide, specifies that the term of protection for
copyright is the author's life plus (a minimum of) 50 years,
rounded up to the end of the calendar year.
'Life plus 50' is the standard copyright length in many
countries, including Angola, Australia, Bangladesh, Benin,
Burkina Faso, Burundi, Chile, China, Egypt, El Salvador,
Japan, Morocco, Nepal, Saudi Arabia, Singapore and Thailand.
There are idiosyncratic national variations. Russia for
example has a life plus 50 year regime with extra duration
for authors active in the 1939-45 War.
Life plus 60
In India and Venezuela, copyright generally lasts for the
author's lifetime plus 60 years.
Life plus 70
This has become the global benchmark since it was adopted
by the European Union.
The EU model has been reflected in legislation in Switzerland,
Brazil, Costa Rica, Ecuador, Israel, Hungary, Paraguay,
Peru, Romania, Slovenia, and Turkey. Life
plus 70 years is also the standard duration of copyright
in the United States for works first published after 1977.
It will presumably be adopted by Australia.
Prior to the EU Directive the term of protection
within EU member counties varied considerably, with a difference
of 45 years between Portugal and Germany. Harmonisation
of the term of protection has meant that some members have
played 'catch up'.
Italy, Portugal and Eire are in the process of finalising
national legislation; as of early 2000 Eire's copyright
regime provided for life plus 50 year protection for literary
works and life plus 70 years for films, sound recordings,
and musical works.
Adoption
of life plus 70 years (or longer) in many
countries occurred within the past decade and treatment
of 'retroactive' protection (ie works that had entered the
public domain but in principle would come back into protection
for a few years as a resulted of the extended term) is inconsistent.
Most European Union countries made the extensions retroactive,
temporarily bringing works back into copyright. Israel extended
its term of protection in 1984,
moving from life plus 50 to life plus 70. That wasn't retroactive;
works by authors who died before 1934 remain in the public
domain.
Life plus 75
Mexico
and Guatemala protect, with
some exceptions, for the author's
life plus 75 years.
Life plus 80
The duration in Colombia, again
with some exceptions, is the lifetime
of the author plus 80 years.
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